By Stephen N. Tokpah
-Bong (freelance)
The assigned Judge of the 9th Circuit Court in Gbarnga, Bong County, George S. Wiles, has urged judges and magistrates to desist from any arbitrary act that has the propensity to tarnish the credibility of the Judiciary in Liberia.
Cllr. Wiles reminded the Judges and Magistrates that they are “Agents of Peace,” and as such, they should always discharge their judicial duties with a high level of neutrality, fairness, impartiality, transparency, and professionalism in restoring public confidence in the judicial system.
Public opinion about the Judiciary’s legitimacy, credibility, and trustworthiness can indirectly impact judicial decisions; therefore, judges and magistrates should be mindful of public perception when making decisions to maintain the Judiciary’s integrity.
The Judiciary is designed to be a separate and independent branch of government that upholds the rule of law and protects individual rights.
“We as judges and magistrates, are expected to make decisions based on legal principles, precedent, and the Constitution, rather than public sentiment,” Cllr. Wiles said, “The working of the Judiciary brings about a stable society where all are equal under the laws.”
The 9th Judicial Circuit Court assigned judge for the November A.D. 2024 Term of Court noted that the Judiciary branch plays a crucial role in contemporary Liberia by interpreting and upholding the law, ensuring justice is served, and protecting the rights of individuals.
The Judiciary interprets laws passed by the Legislative branch to ensure they are applied fairly and consistently and it solves disputes between individuals, organizations, and the government through a fair and impartial process.
He further told the judges and magistrates that the Judiciary branch of government’s primary responsibility is to safeguard individual rights and liberties by ensuring that the laws and government actions comply with constitutional principles.
He revealed that the judicial actors must ensure that all individuals, including government officials, are subject to the rule of law and that justice is administered without bias or favoritism.
“We have the power to review the constitutionality of laws and government’s action, serving as a check on the other branches of government,” Judge Wiles stressed.
Judge Wiles decried the decline in budgetary allocations to the Judiciary as something that has reduced support to its numerous programs and projects, including staff capacity development, logistics, supplies, and infrastructure development.
He said the Legislature needs to look at the laws protecting Judges’ and magistrates’ rights, to make the appropriate budget allocations for the Judiciary, so as to strengthen the rule of law in Liberia, adding that the Judiciary is the bedrock of democracy in any democratic country in the world; of which Liberia is no exception.
“All persons are equal before the law and are therefore entitled to equal protection of the law. This, we believe, is meant to ensure that all citizens and residents, whether rich or poor, powerful and well-connected or not connected at all, marginalized groups, such as women, and racial, religious, and ethnic minorities, are to all be judged for their actions by the same law equally applied. This is a real Rule of Law and practice. The court’s business is everybody’s business,” Judge Wiles noted.
He emphasized that the Chief Justice, Sie-A-Nyene G. Yuoh, on numerous occasions, has emphasized that the Judiciary should not be treated as a mere governmental agency.
Its budget, fiscal allotments, and salary disbursements should not be subject to the whims and caprices of Ministers, Directors, and Supervisors of the Ministry of Finance and Development Planning (MFDP).
Judge Wiles quoted the 1986 constitution of Liberia, Article 72 (a), which states: “The Justices of the Supreme Court and all other judges shall receive such salaries, allowances and benefits as shall be established by law. Such salaries shall be subject to taxes as defined by law, provided that they shall not otherwise be diminished. Allowances and benefits paid to Justices of the Supreme Court and judges of subordinate courts may by law be increased but may not be diminished except under a national program enacted by the Legislature; nor shall such allowances and benefits be subject to taxation.”
He made the statement at the November Term of court opening on November 11, 2024, in Gbarnga, Bong County.
However, the November Term of the Court includes 85 Civil Cases and 75 criminal cases on its docket.
